Malaysian indigenous communities are “hopeful” of the registration dispute Environmental News

The indigenous people of the Malaysian state of Sarawa on the island of Borneo hope that what the Samling Group has prevented from attempting – covering a forest area the size of Luxembourg – are finally being taken seriously after the country’s wood security commission ordered a mediation of the conflict. one year after the plan was denounced.

The Malaysian Timber Certification Council (MTCC) has taken steps to ensure that 36 indigenous communities in the Upper Limbang and Baram regions of Sarawak and Baram regions have secured two registration concessions for their alleged errors.

The conflict is related to two concession cuts in the two Forest Management Units (FMU): 148,305 hectares (366,469 hectares) in Gerenai FMU, located in Baram Garaia and 117,941 hectares (292,438 hectares) in Ravenscourt FMU in Upper Limbang.

When news of the dispute resolution process was announced, communities said they had received letters from Samling threatening them with legal action for allegedly speaking out.

Communities have named Samling, one of Malaysia’s largest companies and Selangor-based tests, inspections and certifications, as SIRIM QAS International as a party to the conflict. SIRIM was hired by QAS Samling to conduct area audits prior to issuing the MTCC certification. Both parties have until July 15 to respond to the complaints, after which the council will deliberate on its findings and report the decision.

It is sponsored by the MTCC Forest Certification Recognition Program (PEFC), the leading international forest certification body, and copies of complaints have also been sent to it, as has the Sarawak Forest Department and the Malaysian National Human Rights Commission (SUHAKAM).

“I think that’s the right approach for the MTCC to take,” said Komeo, head of Joe Penan, who leads the Penan Keruan advocacy group and helped Al Jazeera present their grievances to the Penan communities in Upper Limban.

“The communities involved are very confident that the MTCC will make the right decision, as they have responded to other communities beforehand. We urge the release of all relevant documents on Samling’s timber operations to conduct appropriate consultation procedures and recognize the importance of forest living, health and wellbeing.”

Thousands of indigenous people living in the Limbang and Baram regions rely on the forest for their physical and cultural well-being, while the Baram River is the second largest in the state. The region is also home to endangered species such as gibbons, sun bears and horns, which are also endangered due to record plans.

Question of permission

Last year, members of the Baram and Limbang community said Al Jazeera Samling was assured that the avoidance of their areas was “sustainable” by the MTCC, that they had not given prior and informed consent without permission, that they had not been properly consulted, and that they had no access to the social and environmental environment. the company submitted impact assessments.

In the complaints filed in May, the communities highlighted the discrepancies between the board’s certification and its implementation on the ground. They also pointed out that the lack of transparency meant that Samling did not make proper inquiries to the communities, and did not take into account not only the alleged indigenous people’s dependence on forest resources, but also community initiatives to conserve forests.

In an email responding to Al Jazeera’s questions, Samling said he had addressed “those allegations that were not repeatedly based” and said it had “damaged and tarnished” the company’s reputation.

He added that he had filed a lawsuit against Save Rivers, a non-profit organization working in the area.

“With this in mind, we hope that we will be grateful if we do not have the freedom to comment further on the issues or issues to be processed, including the Malaysian Timber Certification Council (MTCC) dispute resolution process,” Tzee Ling Tia, Samling’s head on sustainability, posted it was said electronically. “Samling says it has met all the requirements and requirements set out in the MTCC scheme.”

Indigenous communities also highlighted flaws in the MTCC’s complaint mechanism.

“At the heart of the matter is an understanding of what Samling means free, in advance and by consensus,” the complaint complained – as seen by Al Jazeera. “Working with selected people in the community is not the same as consulting the community about what they really want.

“While Samling ensures that it extracts wood, many FMU communities have a different approach to the territories: they want to protect their forests for future generations, livelihoods, wildlife and ecotourism.”

Indigenous communities living in the Upper Baram of Sarawak rely on the forest for their physical and cultural well-being [Courtesy of The Borneo Project]

In upper Baram, for example, the Kenyah Jamok and Penan communities have been working to establish the Baram Peace Park (also known as the Upper Baram Forest Area) – an initiative designed to protect, celebrate and design local cultures in Sarawak’s primary forest. developing sustainable livelihoods.

The idea of ​​a jungle park run by indigenous people stemmed from the struggles against decades of logging and the exploitation of natural resources and was rooted in the wisdom and knowledge passed down from generation to generation who see themselves as forest rangers.

The community first started in 2009, a proposal sponsored by local and international NGOs and later approved by the Sarawak Forest Department.

The proposed park covers 283,500 hectares (700,543 hectares) and is located inland Sarawak, near the Indonesian border – between the Pulong Tau National Park through the State Biodiversity Conservation Area and the Kayan Mentarang National Park on the east side of Kalimantan.

In 2020, the Malaysian government formally submitted the park’s proposal to the International Tropical Timber Council (ITTO), which has officially approved it and is now seeking funding from its member countries.

Against logging in

Despite this important step, the affected communities of Gerenai FMU say that Samling’s felling concession overlaps with the proposed forest park and excludes the community’s right to manage the forest.

Landscape that offers the proposed Baram Peace Park / Baram Upper Forest Area [Courtesy of The Borneo Project]

In Upper Limbang, Ravenscourt FMU-influenced Penan communities are some of the last Penan settlements and many still maintain semi-nomadic lifestyles, making their dependence on the forest even more significant.

“Within Ravenscourt FMU and its immediate vicinity live some Penan groups that until recently achieved a nomadic lifestyle and are now semi-established, spending a lot of time in the woods, hunting, fishing and gathering.

“Their dependence on forest resources is even greater than the average indigenous community in Sarawak, and they have been strong opponents against the logging that began in the 1980s,” said Komeok Joe and Penan defense team in Keruan.

“While the company is cutting down the forest, we disagree,” Penan chief Peng Megut said in Upper Limbang, Long Tevenga.

Indigenous rights activists and environmental campaigns working closely with affected communities have called for a temporary moratorium while the conflict resolution process is underway and the publication of major social and environmental impact assessment reports.

Jettie Word, executive director of the Borneo Project in California, provides international attention and support to community efforts to defend forests, sustainable livelihoods and human rights, said her organization helps Gerenai and Ravenscourt FMU-affected communities and establish the Baram Peace Park.

“We are pleased that the MTCC understands the seriousness of the situation necessary to open the conflict resolution process. However, the bigger question is whether Samling and SIRIM will be acceptable standards or just check the boxes. Free, prior and informed consent is sufficient – it is enough in Malaysia for these organizations, ”Word said.

He also noted the struggles the communities had in trying to file an official complaint with the MTCC.

Affected communities are far away and a tiring journey to reach Upper Baram or Limbang must be made on the unforgiving dirt tracks from the nearest town of Miri. It takes four to five hours from Miriti to the nearest edge of the Gerenai concession, and to get to Ravenscourt base camp, it takes an internal flight from Miriti to the town of Lawas and another five to six hours 4X4. Once in the villages, there is limited access to health, electricity and other basic equipment.

In Upper Baram and Limbang, community representatives and local advocacy groups wrote complaints and gathered community feedback.

“The grievance mechanism has been difficult for organizations and the public with reliable access to the internet and e-mail. How could people living within, without access to these tools, understand the grievance mechanism?”

“It’s a big action, and an impossible task to accomplish in the ulu (rainforest),” Word said.

The leaders of Penan in Upper Limbang are protesting against Ravenscourt FMU in Samling [Courtesy of KERUAN]